My Chapter 7 was discharged in Feb of this year. I had two homes which were included and surrendered in the BK. One of the HOA is still billing me.I have talked to my attorney who says the debt was discharged. The legal dept of the HOA says that until my name is removed from the property deed after the lender's sale,I am responsible for any fees and fines that accrued from the date of my case filing. They stated the bk filing only took care of any fees that were due before I filed. This home is located in Arizona. Anybody have any input?
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I sent the HOA a cease and desist letter today. We're liable from the date if filing till the date of sale.
I dont understand how the lenders sale occured with outstanding HOA fees due ? That would be a cloud on the title and the title company couldnt have transferred title without you paying the fees or the bank.
Our trustee sale is with Perry & Shapiro btw. In AZ. -
The legal dept. of the HOA is correct. Since the property is still in your name, the HOA bills for any months after you filed are new debts and you are responsible for them.Filed Chapter 7 July 2010
Attended 341 September 2010
Discharged November 2010
Closed November 2010Comment
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